§ 34-220. Enforcement.

(a)

Notice of violation and compliance order.

(1)

The county development services department (hereinafter department or regulatory authority) shall notify the property owner or responsible party of the specific violations cited by a notice of violation. Opportunity for an administrative hearing conducted by the department and/or an informal settlement conference shall be afforded. Where the property is located within a water conservation or irrigation district, the concurrence of the board of directors of such district will be required.

(2)

If no request for an administrative hearing or informal settlement conference is filed within the 15-day period following the issuance of notice of violation, the department shall issue a compliance order. Unless a written request for a hearing or an informal settlement conference is filed with the department by the property owner or responsible party within 15 days, the order shall become final and enforceable in superior court.

(b)

Service of notices. A notice provided for in these regulations is properly served when it is delivered to the property owner or responsible party, or when it is sent by certified or registered mail to the last known address of the property owner or responsible party. A copy of the notice shall be filed in the records of the department.

(c)

Violations; injunctive relief. If the regulatory authority finds that a property is not in compliance with the requirements of these regulations, the department director, through the county attorney, may file an action in the superior court:

(1)

For a temporary restraining order, a preliminary or permanent injunction or any other appropriate relief necessary to enjoin the person from further violations.

(2)

To compel compliance with a notice of violation or a compliance order, including the collection of civil penalties assessed under that order.

(3)

For civil penalties of not more than $1,000.00 per day for each violation by an individual and not more than $5,000.00 per day for a violation by an enterprise.

(d)

Administrative hearing rights.

(1)

Notifications. In case of adverse decisions, the department shall inform the person against whom the decision is made:

a.

That the person has the right to file an appeal of the decision within 15 calendar days to the department;

b.

That any questions regarding the appeal process may be directed to the department director;

c.

That any appeal shall be in writing and shall include the basis for the challenge, the relief requested, and, if applicable, reference to the statute or rule on which the challenge is based;

d.

That an administrative hearing officer will be appointed by the department director or their designee;

e.

That within ten business days after the department receives an appeal, the department will notify the administrative hearing officer of the appeal and will provide copies of the department's decision and the appellant's appeal;

f.

That the administrative hearing officer shall schedule the hearing on the appeal within ten business days of notification of the appeal;

g.

That the hearing shall be held as soon as practicable, but no more than 60 calendar days after the receipt of the protest by the department, with at least 20 calendar days' notice given to the appellant of the date, time and place of hearing (A.R.S. §§ 41-1061 and 41-1092.05);

h.

That the appellant has the right to request an informal settlement conference prior to the hearing pursuant to A.R.S. §§ 41-1092.03(A) and 41-1092.06.

(2)

Informal settlement conference. If an informal settlement conference is requested, it shall be held within 15 days of the request but not more than 20 days prior to a hearing, if one has been requested and scheduled. It shall be held in pursuant to A.R.S. § 41-1092.06.

(3)

Administrative hearing.

a.

The administrative hearing shall be conducted pursuant to A.R.S. title 41, ch. 6, art. 6.

b.

After hearing evidence presented by the appellant and the department, the administrative hearing officer shall issue a written decision within ten business days. If not appealed, the decision becomes a final decision of the department after 15 calendar days of receipt of the decision. Receipt is presumed to have been made five business days after mailing.

(4)

Appeal of administrative hearing officer's decision.

a.

An adverse decision may be appealed by a person to the department within 15 calendar days of receipt of the decision. The director will affirm, modify, or vacate the administrative hearing officer's decision. The director's decision is the final decision of the department and enforceable as a judgment in the state superior court.

b.

After the decision of the department becomes final, either the appellant or the department may file a complaint in the superior court within 35 calendar days from the date when a copy of the decision sought to be reviewed is served upon the party affected (A.R.S. § 12-904).

(e)

Penalties.

(1)

A compliance order issued may provide for a civil penalty of not more than $1,000.00 per day for each violation by an individual and not more than $5,000.00 per day for a violation by an enterprise. A compliance order shall not impose a civil penalty for the same acts for which a court has previously imposed a civil or criminal penalty. Failure to comply with a compliance order may result in imposition of civil penalties over and above civil penalties imposed in subsection (c)(3) of this section.

(2)

In determining the amount of a civil penalty under this section, the following shall be considered:

a.

The seriousness of the violation.

b.

As an aggravating factor only, any economic benefit that results from the violation.

c.

The history of violations.

d.

The economic impact of the penalty on the violator.

e.

Any good faith efforts to comply with the applicable requirements.

f.

The duration and frequency of the violation as established by any credible evidence.

g.

Payment by the violator of penalties previously assessed for the same violation.

h.

Other factors affecting the public health and safety the director deems relevant.

( Ord. No. 2015-01 , § 7, 3-2-2015)